Section 192.2225

Title XII PUBLIC HEALTH AND WELFARE

Chapter 192

Effective - 28 Aug 2014, 2 histories, see footnote   (history) 

  192.2225.  Right to enter premises for compliance inspections or to investigate complaints — failure to permit, effect. — 1.  The department shall have the right to enter the premises of an applicant for or holder of a license at any time during the hours of operation of a center to determine compliance with provisions of sections 192.2200 to 192.2260 and applicable rules promulgated pursuant thereto.  Entry shall also be granted for investigative purposes involving complaints regarding the operations of an adult day care program.  The department shall make at least two inspections per year, at least one of which shall be unannounced to the operator or provider.  The department may make such other inspections, announced or unannounced, as it deems necessary to carry out the provisions of sections 192.2200 to 192.2260.

  2.  The department may reduce the frequency of inspections to once a year if an adult day care program is found to be in substantial compliance.  The basis for such determination shall include, but not be limited to, the following:

  (1)  Previous inspection reports;

  (2)  The adult day care program's history of compliance with rules promulgated pursuant to this chapter; and

  (3)  The number and severity of complaints received about the adult day care program.

  3.  The applicant for or holder of a license shall cooperate with the investigation and inspection by providing access to the adult day care program, records and staff, and by providing access to the adult day care program to determine compliance with the rules promulgated pursuant to sections 192.2200 to 192.2260.

  4.  Failure to comply with any lawful request of the department in connection with the investigation and inspection is a ground for refusal to issue a license or for the revocation of a license.

  5.  The department may designate to act for it, with full authority of law, any instrumentality of any political subdivision of the state of Missouri deemed by the department to be competent to investigate and inspect applicants for or holders of licenses.

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(L. 1984 H.B. 1131 § 7, A.L. 2014 H.B. 1299 Revision § 192.1046 merged with S.B. 567 § 660.407)

Transferred 2014; formerly 660.407